Article 72 · Restrictions on covered economic operators, goods, services or works

1.The Commission is empowered to adopt delegated acts in accordance with Article 141 to amend Article 70 by establishing that covered economic operators from certain third countries, and/or all or certain covered goods, services, or works from certain third countries, shall not be considered as covered where:

(a)the Commission has established, on the basis of a factual market access analysis, that their country of origin has failed to provide national treatment related to Union economic operators, goods, services or works contrary to its commitments on public procurement in an international agreement with the Union;

(b)such exclusion is justified to avoid dependencies or any other developments that may threaten the security of supply in the Union of the relevant goods or services; or

(c)such restriction is justified under any other exception under the applicable agreement, in particular relating to the protection of economic security interests.

2.Member States and interested parties may submit to the Commission at any time indications of the existence of one of the situations referred to in paragraph 1.